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V2238-18 26 July 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos de actividades económicas

Taxation of business transfers depends on whether assets are stock or fixed assets

A query was raised regarding the Personal Income Tax (IRPF) treatment of business transfers. The Directorate General for Taxes (DGT) clarifies that stock generates income from economic activities, whereas fixed assets generate capital gains or losses.

The question raised

Question posed How the transfer of a business is taxed under Personal Income Tax.

The DGT's ruling

The sale of inventory constitutes income from economic activity that is included in the general taxable base. On the other hand, the transfer of tangible or intangible fixed assets generates a capital gain or loss, calculated as the difference between the actual disposal amount and the book value. This gain or loss shall be included in the savings taxable base.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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